This is a translation of the legally binding German terms and conditions, provided for convenience. In the event of a dispute, discrepancy or interpretation difference resulting from the translation, the formulation set forth in the German version shall prevail.
The present terms and conditions apply to the business relationship between the subscriber of the COLOBUS service (the “customer”) and Quant Monkeys UG (“COLOBUS”).
The customer subscribes to information and signals for buying and selling financial instruments, such a stocks. COLOBUS provides this information electronically via SMS, email or its website.
The customer buys a subscription for one, three or five years. At the end of the period the subscription does not renew automatically. The amount is billed in full before the subscription starts. The subscription may be paid via credit card (Visa, Mastercard, American Express), Sofortüberweisung (selected European countries) and SEPA direct debit. Billing and cancellation terms may differ for special promotions.
The subscription order can be withdrawn by the customer within 14 days, starting on the day after the date of purchase. The written withdrawal notice must be sent to: Quant Monkeys UG (haftungsbeschränkt), c/o Factory Works, Lohmühlenstr. 65, 12435 Berlin.
Should the customer not be satisfied by the COLOBUS service, he/she can cancel the subscription independently of the right to withdraw within 90 days, starting on the day after the date of purchase. A brief cancellation notice including the reason for dissatisfaction must be sent to su.boloc@kcabyenom. The customer will then receive a full refund of the subscription price (minus potential transaction costs).
COLOBUS will carry out the assigned tasks with the care and diligence of a prudent business entity and is liable for actions or failure to act in the context of rendering its services only in the event of wilful misconduct and gross negligence. COLOBUS is not liable for the currency, completeness and correctness of the provided information. In no event shall COLOBUS be liable for any damage including, without limitation, direct, indirect or consequential damages arising from the use or inability to use the provided information. The customer shall indemnify COLOBUS internally for any third-party liability claims if the customer can be held responsible for the defect causing the liability.
Buying and selling financial instruments in the capital markets exposes the customer to significant risk and is fundamentally different from traditional savings instruments. Savings instruments such as savings accounts and treasury bonds offer a guaranteed but limited return for a fixed amount of invested capital. In contrast, when investing in stocks, the customer is explicitly willing to take on risk for a potentially higher return. The buy/sell signals provided by COLOBUS are provided solely as a source of information for the customer. They serve as a suggestion for one possible portfolio constellation. In no event shall these signals be interpreted as a binding recommendation or consultation to buy or sell certain stocks. The customer is completely independent in his/her investment decisions and fully responsible for any stocks he/she chooses to buy or sell. COLOBUS advises the customer to read the detailed risk disclaimer that can be found here.
A subscription may only be used by exactly one customer. Copying, sharing, forwarding or any other form of distribution of the provided information, including the buy/sell signals, without the written consent of COLOBUS is strictly prohibited. Furthermore, any form of publication or public dissemination of the provided information is strictly prohibited. Violations will be treated as copyright infringements. All rights of the provided information, including the buy/sell signals, remain with COLOBUS.
As part of the subscription contract and for the fulfillment of the service through COLOBUS, the customer submits some personally identifiable information. All of this data is collected, processed and stored in accordance with the German data privacy act (BDSG). For purposes of printing, billing, shipping and deducting payments, COLOBUS may share this data with third party service providers pursuant to Sec. 11 of the BDSG. In addition, we advise the customer to read the general privacy statement, which can be found here.
Any changes to these general terms and conditions will be communicated to the customer via email. They become effective if the customer does not object to the updated terms in written form (mail or email). This consequence will be made especially clear in the communication of the updated terms. The customer has to send his/her objection to the change of terms within 6 weeks of the date of communication.
We are able and happy to answer and discuss inquiries of international customers in English. However, COLOBUS advises the customer that the legally binding language for this contract and any communication with COLOBUS is German. The German version of these terms and conditions can be found here.
Amendments or additions to this contract require the written confirmation of COLOBUS (email is sufficient). Should a provision of these terms and conditions be invalid or incomplete, the overall contract shall not be rendered invalid. Rather, the invalid or unfeasible provision shall be replaced with a valid provision which comes as close as possible in the context of the business relationship. The same shall apply for provisions that are held to be illegal or unenforceable under applicable law.